Traumatic brain injury (TBI) decisions — 2022

The Board has dismissed all service connection claims for various conditions as the appellant died during the appeal process.

The Veteran's claims of service connection for a cervical spine disability, TBI residuals including impaired memory, headaches, blurred vision, dizziness, decreased processing speed, and organic brain syndrome, and obstructive sleep apnea are being remanded due to the need for additional medical examination.

The Veteran's claims for bilateral hand residuals of frostbite, back pain with limited motion, sinusitis, and bilateral foot disability (pes planus) have been granted. The claim for tinnitus has also been granted.,However, the Veteran's claims for right upper extremity residuals of frostbite, left upper extremity residuals of frostbite, and service connection for back pain with limited motion are still pending and will be remanded.

The Veteran's service-connected conditions do not result in the need for aid and attendance of another person, as she can perform most activities of daily living with assistance when needed.

The Veteran's claim for a rating in excess of 10 percent for eczema of the bilateral lower extremities was denied, and his claim for TDIU prior to May 21, 2019, was also denied.

The Veteran's claim for an effective date prior to December 23, 2015, for the grant of service connection for adjustment disorder was denied.,New and material evidence has been received sufficient to reopen claims for service connection for throat infection (claimed as allergies), PTSD, lumbar spine disability, frostbite residuals of the right hand, and migraine headaches.

The Veteran's claim for service connection for residuals of TBI is denied as there is no current diagnosis and the evidence does not support a finding that any current symptoms are related to an in-service injury.,Service connection for sleep apnea is also denied. The Board found that the Veteran's current sleep apnea is not related to his in-service car accident or head injury, and the weight of medical literature does not support a relationship between TBI and obstructive sleep apnea.,The Veteran's claim for service connection for bilateral hearing loss is remanded as VA did not obtain an adequate opinion regarding whether pre-existing hearing loss increased during service. The Veteran also has tinnitus which was not addressed in the decision, so this issue is also remanded.,Service connection for tinnitus is denied due to a lack of medical evidence linking it to service.

The Veteran's appeals for service connection for facial scarring, TBI residuals, a low back condition, an acquired psychiatric disorder, and a respiratory condition have been dismissed. The claims of entitlement to service connection for the low back condition and an acquired psychiatric disorder were reopened due to new evidence submitted since the final decisions.

The Board has granted service connection for bilateral hand tremors and remanded the issue of service connection for residuals of a traumatic brain injury (TBI).

The Board has decided that a remand is necessary to provide the Veteran with a VA examination and scheduling notification for his right foot condition, claimed as due to frostbite.

The Veteran's schizophrenia as a residual of TBI is now rated at 100% effective October 8, 2019. The rating for the residuals of his TBI remains at 70% prior to that date and 100% thereafter.

The Board has granted service connection for Traumatic Brain Injury and Headaches, including as a residual of TBI. The decision is based on the Veteran's credible testimony regarding his head injuries during active service.

The Veteran's claims for service connection for an acquired psychiatric disorder, bilateral hearing loss, and TBI residuals have been denied as there is no evidence of a nexus between these conditions and his military service.

The Board has remanded the Veteran's claims for increased disability evaluations, service connection, and TDIU due to incomplete development of evidence. The claims are being returned for further action.

The Veteran's initial rating for migraine headaches is denied as they do not meet the criteria for a higher rating.,For his lumbar spine disability, ratings greater than 10%, 20%, and 40% are denied from November 20, 2015 to June 15, 2021; June 15, 2021 to December 9, 2021; and December 9, 2021 to the present respectively.

Service connection is granted for sinusitis and erectile dysfunction. The Veteran's claims for back pain, TBI with post-concussive disorder, left elbow strain, left wrist strain, left knee degenerative joint disease with retained shrapnel, and right knee degenerative joint disease are remanded.

The Board has granted service connection for headaches but remanded the issue of service connection for traumatic brain injury (TBI) residuals other than migraine headaches.

The Board has remanded the Veteran's claims for frostbite of the bilateral fingers and toes due to a lack of adequate medical opinions regarding their etiology. The case is returned to the RO for further development.

The Veteran's TBI rating was reduced from 40 percent to 10 percent effective April 21, 2014. The Board finds that the reduction did not comply with procedural requirements and restores the 40 percent rating.

The Board has granted service connection for residuals of right foot frostbite and residuals of left foot frostbite, finding that the Veteran's disabilities are attributable to her active duty service.